The Commercial Finance Agreement serves as the primary legal document structuring commercial lending arrangements in Australia. It is utilized when businesses seek substantial financing for various commercial purposes, including working capital, acquisition finance, property development, or business expansion. The agreement encompasses essential elements required by Australian financial services legislation, including facility terms, security arrangements, financial covenants, and compliance requirements. It is designed to protect both lender and borrower interests while ensuring adherence to Australian regulatory requirements, including those set by ASIC, the Banking Act, and the Personal Property Securities Act. The document is particularly crucial for transactions requiring detailed financial terms, security arrangements, and ongoing obligations of the parties involved.
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1. Parties: Identifies and defines all parties to the agreement, including the financier and borrower(s)
2. Background: Sets out the context and purpose of the finance agreement
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement
4. Facility Details: Specifies the type, amount, and key terms of the finance facility
5. Conditions Precedent: Lists conditions that must be satisfied before the facility becomes available
6. Drawdown Provisions: Details the process and requirements for accessing the funds
7. Interest and Fees: Specifies interest rates, calculation methods, and all applicable fees
8. Repayment Terms: Sets out repayment schedule, methods, and early repayment provisions
9. Security Arrangements: Details the security required and its terms
10. Representations and Warranties: Lists statements of fact and assurances given by the borrower
11. Undertakings: Sets out ongoing obligations of the borrower during the facility term
12. Events of Default: Defines circumstances constituting default and consequences
13. GST Provisions: Addresses GST treatment and obligations
14. General Provisions: Contains standard contractual provisions including notices, amendments, and governing law
15. Execution: Formal execution provisions and signing pages
1. Guarantee Provisions: Required when the facility includes personal or corporate guarantees
2. Property Security Provisions: Included when real property is provided as security
3. Multi-Currency Provisions: Required for facilities offering multiple currency options
4. Syndication Provisions: Included when multiple lenders are involved
5. Special Purpose Vehicle Provisions: Required when the borrower is an SPV with specific covenants
6. Construction Facility Provisions: Included for construction or development financing
7. Environmental Obligations: Required when environmental risks are relevant to the facility
8. Insurance Requirements: Detailed insurance provisions when specific coverage is required
1. Facility Details Schedule: Detailed terms of the facility including limits, interest rates, and fees
2. Security Documents: Lists and details all security documents required
3. Repayment Schedule: Detailed repayment dates and amounts
4. Conditions Precedent Documents: Comprehensive list of required documentation
5. Permitted Security Interests: List of security interests allowed under the facility
6. Form of Drawdown Notice: Template for drawdown requests
7. Financial Covenants Schedule: Detailed financial covenants and calculation methods
8. Guarantor Accession Deed: Template for adding new guarantors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Commercial Real Estate
Manufacturing
Retail
Construction and Development
Mining and Resources
Agriculture
Technology and Innovation
Healthcare
Transportation and Logistics
Professional Services
Hospitality and Tourism
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Commercial Lending
Risk Management
Business Development
Corporate Advisory
Operations
Deal Structuring
Relevant Roles
Chief Financial Officer
Finance Director
Commercial Lending Manager
Credit Risk Manager
Corporate Lawyer
Legal Counsel
Compliance Officer
Treasury Manager
Financial Controller
Business Development Manager
Relationship Manager
Credit Analyst
Company Secretary
Risk Manager
Managing Director
Finance Manager
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